6/5/1985 - Laserfiche WebLink

Home Browse Search

near 82nd Avenue and that area from B-1 to Multiple Family District, and at that time, there is mention in the Minutes that the property was excluded from the rezoning request because the Board felt it should be included in the 1-95/SR 60 node. While it has not been set by ordinance, staff, therefore, feels there is a very clear intent by the Board that that is where the eastern boundary of the 1-95 node is going to be. Commissioner Scurlock inquired if we have enough ability based on that finding to get our measuring tapes out. Attorney Brandenburg asked if he was talking about Attorney Henderson's appeal, and Commissioner Scurlock stated that he was just referring to any hypothetical situation. Attorney Brandenburg confirmed that the Commission would be legally in a position to make that determination; that is exactly what the Ordinance sets the Board up to do - either to make a choice of whether they wish to set a definitive boundary or leave it open and use their discretion. Commissioner Bird pointed out if this all depends on the Board's discretion, anyone who wants to develop a neighborhood node could not go out and just look and determine if he could have one. Attorney Brandenburg agreed this will be a difficulty for a time, but it will be eliminated as the nodes are established. We have that difficulty now, and this is one step in a process of eliminating that problem. Commissioner Scurlock wished to pin down exactly how the separation distance will be measured, and Director Keating noted that the ordinance provides "This distance shall be measured using the most direct route along roadways from boundary line to boundary line and applicable to property on both sides of the roadway." Commissioner Scurlock noted that, in other words, if he drove his car down the road and there was no curb cut so he could cross the road, he would measure all the way up to the nearest 49 � JUN 51985 BOOK 1)� I.a.JE 90